Terms and Policies

Definitions 

This website/application ‘EduFund’ (“Platform”) is owned, operated, and managed by Helena Edtech Private Limited (“Company”), a company established under the Companies Act, of 2013. These terms and conditions of use (“T&C”) mandate the terms on which the users (“User”) will visit, access, and register on the Platform.

The access to or use of the services offered through the Platform by the Company (“Services”) are conditioned upon the User’s agreement to these T&Cs detailed below. Please read the T&C along with the (“Privacy Policy”) carefully before registering on the Platform or accessing any data, material, or information available on the Platform. By visiting, accessing, and registering on the Platform, you agree to these T&Cs and to the Company’s Privacy Policy.

The Company hereby gives the User a limited, non-exclusive, non-transferable right to access the Services on the Platform.

Further, by submitting our form you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third-party platform.

User restrictions

User acknowledges the following:

1. User agrees that it shall not copy, reproduce, sell, publish, enter into a database, display, modify, alter, transmit, license, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except for its personal and non-commercial use.
2. User agrees that it will not use the Platform for any purpose that is unlawful or prohibited by these T&C or under applicable laws. User also agrees that it will not use the Platform in any manner that could damage, disable or impair the Platform, or interfere with any other party’s use, or enjoyment of the Platform.
3. User agrees that it shall not distribute, share, rent, resell, lease or otherwise disclose or transfer the Service and the Platform to any third party. The Platform contains Company’s trade secrets, and to protect those trade secrets and Company’s interest in the Service and the Platform generally, User agrees that it shall not reverse engineer, decompile, translate, or disassemble the Platform, in whole or in part, nor shall permit any third party to do so, or to copy or distribute the documentation to any third party. Further, User agrees that it shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
4. User shall be solely responsible for all transactions/trades using the Platform including the decisions pertaining to the quantum and/or price of security and/or the financial product to be bought or sold. 
5. User shall be solely responsible for understanding the risks related to the financial products listed on the Platform. The User agrees that the Company, and its officers, directors, employees, agents and affiliates will have no liability with respect to any investment, saving, educational decisions or transactions made by the User. If the Company or any external consultants/vendors (engaged by the Company) provides any information, recommendation or advice through the Platform, the User may act upon it at its own cost and risk. The Company is not responsible for the decisions taken by the User based on such information, recommendation or advice.
6. The Company shall not be liable to the User for any mistake, error of judgement or loss suffered by the User or any matter or thing done or omitted to be done by the Company or any service provider.
7. User shall be responsible for its account password and taking reasonable steps to protect and monitor unauthorized access to its account. The Company shall not be responsible in the event anyone accesses the User’s account without authorization. If the User believes that its account has been compromised due to a breach of cyber security, or in any other way, User undertakes to immediately notify the Company so that appropriate action can be taken. If the Company reasonably believes that User’s account has been compromised due to a breach of cybersecurity, Company reserves the right to take immediate action to protect User’s account and the Platform.
8. If the User provides false, inaccurate or incomplete information, the Company has a right to suspend or terminate the User’s account and refuse access and use of the Platform and the Services. The Company may cancel, delete or deactivate the User’s account if the Company believes that it has been compromised or used without the User’s consent or knowledge.
9. User understands and accepts that not all the Services offered on the Platform are available in all geographic areas and the User may not be eligible for any or all the Services made available by the Company on the Platform. Company reserves the right to determine the availability and eligibility for any Service offered on the Platform.
10. User shall promptly comply with all reasonable requests and instructions of the Company with respect to access and use of the Services.

11. User shall be responsible for all activities conducted through its account, whether authorized by the User or not.

12. After creating an account, the User may be asked to answer a set of questions to understand its education related goals and risk appetite. Based on the information provided by the User, the Company (through its proprietary algorithm) may provide suggestions to manage and plan for such education related goals. The User agrees that these suggestions are not investment advice. And the decision to save or invest in any financial product, whether suggested or not, is at the User’s sole discretion, cost and risk.

13. The Company may modify the Services or the Platform on account of changes in applicable law or owing to any other reason at its discretion. In such a case, the Company shall not be liable if the User becomes incapable of using all or any part of the Platform or the Services.

14. The User represents and warrants that:

• The information provided by them at the time of account creation and accessing the Services is true, current and complete; and
• if any information provided by them changes, the User will promptly notify the Company.

Confidentiality 

The User acknowledges that, it may obtain information relating to the Services, Platform and/or Company (“Proprietary Information”) in the course of accessing the Platform. Such Proprietary Information includes, but is not limited to, the features and mode of operation of the Services and the Platform, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data.

Such Proprietary Information shall belong solely to the Company and the User shall not use or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes publicly available without the User’s breach of these T&Cs. The User agrees to take reasonable measures to maintain the Proprietary Information and Services in confidence.

User agrees and acknowledges that the Company may retain, record, or share the information of User with its affiliates, service providers, and/or any other third party for allowing them to perform their services to the User or otherwise. The User further agrees to allow the Company to use his/her/its information for any marketing/solicitation purposes as may be required by the Company from time to time.

Disclaimers and Limitations

1. The Platform and the Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. The Company does not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. 

2. In no event will the Company or any of its affiliates, successors, and assigns, and each of their respective directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the terms and conditions of usage of this Platform by another user or arising out of the use of or the reliance on any of the Services or the Platform.

3. The written, audio and video content on the Platform is for consumer education and general awareness only and should not be considered as investment, tax, legal or financial advice.

4. The Company may show images and number projecting returns from time to time based on the information provided by the User. The User agrees that any such projections are illustrative only and the Company does not guarantee the fulfillment of such projections.

Indemnity 

The User agrees to indemnify and hold harmless the Company its officers, directors, employees, agents, subsidiaries or affiliates from and against all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to breach of provisions of these T&C.

Third Party Liability

In providing the Services to the User, the Company may need to use third-party services. For example, the Company may engage external consultants to help the User plan and manage education related goals. The Company does not accept any liabilities that may arise from the User’s use of or reliance on such third-party services. 

The Company may, from time to time, display offers and advertisements from third parties on the Platform. However, this does not mean that the Company endorses these third parties. If the User accepts any of the services of such third parties, such arrangement is solely between the User and such third party. The User must avail such services only after having read their terms of use and privacy policies.

The Platform may contain links to third party websites or applications. The Company disclaims:

1. the accuracy or correctness of information available on such third-party websites or applications; and
2. all liability, direct or indirect, for any damage or loss caused by or relating to access to third party websites or applications.

Intellectual Property Rights

User acknowledges that no title to the intellectual property in the Service or the Platform is transferred to the User from the Company. User further acknowledges that all right, title, and interest in and to the Service and the Platform and any know-how contained therein shall remain Company’s exclusive property. User agrees that it shall not remove any trademark, copyright, or other proprietary notices on or in any portion of the Service and the Platform as delivered and that the User shall reproduce all such notices on and in all authorized copies. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Company’s express written permission.

Severability

In the event of any one or more of the terms or provisions contained in this T&C becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.

Changes in the T&C

These T&C is subject to change and may be updated or revised from time to time, without any prior notification to the User, at the sole discretion of the Company. It is User’s responsibility to periodically review these T&C on the Platform in order to determine whether there have been any revisions or updates. By visiting and/or using the Platform after the Company makes any such changes to this T&C, the User is deemed to have accepted such changes.

Termination of Account

If the Company decides to terminate the User’s account for any reason, it will inform the User of such decision on the Platform or by email. However, this will not extinguish the User’s obligations in accordance with these T&C (if any), that survive post termination of the User’s account. The Company will not be liable for any losses or damages that the User may suffer from termination of its account. 

Governing law and jurisdiction

These T&C shall be governed by, construed and enforced under the laws of India and the courts in Ahmedabad shall have exclusive jurisdiction.

Disputes 

These T&C and any action related thereto will be governed by the laws of India. Any disputes arising out of or related to the Platform or the Services shall be subject to the jurisdiction of the courts located in Ahmedabad.

Force Majeure

Under no circumstances shall the Company be liable for any damage or loss due to deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

Clarifications

In case of any information/clarifications required regarding this T&C, the User may contact the Company at compliance@edufund.in